Vickky Kumar @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21952 of 2022 Arising Out of PS. Case No.-379 Year-2020 Thana- ALOULI District- Khagaria ====================================================== VICKKY KUMAR @ VIKKY KUMAR Son of Tapsi Yadav Resident of Village - Rampur Alouli, P.S.- Alauli, District - Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Session Trial No. 234 of 2021 arising out of Alauli P.S. Case No. 379 of 2020 registered for the offence punishable under Sections 302, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution, in brief, is that on 07.12.2020 at about 7:30 A.M. while the informant along with his son was going to his Basa and had reached approximately 200 metres behind Gadh Ghat, six accused persons including the petitioner herein had surrounded them and

Patna High Court CR. MISC. No.21952 of 2022(3) dt.23-01-2023 2/3 thereafter the accused person namely, Anjani Mandal has fired gun shots on the temple of the son of the informant resulting in his death and then the accused persons had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 14.12.2020. It is further submitted that as far as the petitioner is concerned, there is no allegation of him having fired gun shots or having assaulted the deceased, hence he is having no complicity in the matter.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have fired gun shots on the deceased, apart from the

Patna High Court CR. MISC. No.21952 of 2022(3) dt.23-01-2023 3/3 fact that he has also not been alleged to have engaged in any sort of overt act, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vth, Khagaria in connection with Sessions Trial No. 234 of 2021 arising out of Alauli P.S. Case No. 379 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T